Registry to drop couple appeal

The Victorian Registry of Births, Deaths and Marriages said it will drop its appeal against a Victorian Civil and Administrative Tribunal (VCAT) decision allowing an interstate couple to register their relationship in Victoria.

VCAT member Don O’Halloran ruled in December that Nicolas Taylor and his partner Lee Wallace, who are currently living in Paris, could register their relationship in Victoria because they “intended” to live in the state and owned property in Melbourne.

The Registry was set to appeal the decision in the Supreme Court this month.

Victorian registrar Helen Trihas told Southern Star in a statement the registry did not consider the case to have set a wider precedent and decided to withdraw the appeal after reviewing the facts of the case.

“Each application is assessed against the eligibility criteria of the Act and where necessary, further information may be sought before we make a decision,” Trihas said.

“Where people are not satisfied by the decision of the Registry they may appeal to VCAT.”

Earlier a registry spokesman said the decision to drop the appeal was also made because it was thought unfair to go ahead with the case while the couple was still overseas.

The spokesman confirmed applications outside the usual circumstances will be considered on a case-by-case basis.

According to the rules of registration — guided by the Relationships Act 2008 — a couple can only register in Victoria if they are not already married or in another registered relationship; both parties are “domiciled” or “ordinarily” residents of Victoria; and are over 18 years of age.

Taylor and Wallace took their case to VCAT after they were refused registration by the Registry last September because they were not living in Victoria.

In his decision, O’Halloran said the pair proved they had sufficient intention of making Victoria their future long-term home.